ARBITRATION AGREEMENT
This ARBITRATION AGREEMENT (“Agreement”) is made by and between Lexicon Consulting, Inc.
(“Employer”) and _____________________ (“Employee”).
The purpose of this Agreement is to establish final and binding arbitration for all disputes arising out of
Employee’s relationship with Employer from the inception of the employment relationship, including, but not
limited to, Employee’s application for employment, actual employment, the termination of Employee’s
employment and any subsequent employment with Employer. Employee and Employer desire to arbitrate
their disputes on the terms and conditions set forth below to gain the benefits of a speedy, impartial disputeresolution
procedure, and pursuant to the Federal Arbitration Act (“FAA”). Employee and Employer agree
to the following:
1. Claims Covered by the Agreement.
1.1 Employee and Employer both agree to exclusively and finally resolve by binding arbitration
any and all claims or controversies (“claims”) that Employer may have against Employee or that Employee
may have against Employer or against its past, present, or future predecessors, successors, assigns, affiliates,
parent and subsidiary companies, joint ventures, pension or benefit plans, administrators, vendors, contractors,
and their respective past, present, or future officers, directors, employees, stockholders, representatives,
managers, members, partners, partnerships, agents, clients, suppliers, vendors, business advisors, financial
advisors, attorneys, and accountants, insurers, joint employers (alleged or otherwise), and indemnitees
(collectively, “Employer”), relating to, resulting from, or in any way arising out of this Agreement or the
enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability
of this Agreement, any aspect of Employee’s relationship with Employer at any time, any aspect of Employee’s
employment relationship with Employer at any time (including pre-hire, hire, intermittent periods of employment,
termination and post-termination), and/or the termination of Employee’s employment relationship with Employer,
and/or any act or omission between Employee and Employer to the extent permitted by law. This Agreement
does not cover any claim, cause of action, or actions pursuant to workers’ compensation laws,
unemployment insurance benefits with the Employment Development Department, or the Private
Attorneys General Act of 2004 (“PAGA”), California Labor Code §§ 2699 et seq. Further, nothing in this
agreement precludes Employee from pursuing any administrative agency claims, including, but not limited to,
the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Division
f Labor Standards Enforcement, the Department of Labor and the National Labor Relations Board.
1.2 The scope of this Agreement is intended to be broad and comprehensive and includes,
without limitation, claims for wages or other compensation due; claims for penalties or premiums; claims for
violations of the California Labor Code (unless pursuant to PAGA); claims for breach of any contract or covenant
(express or implied); tort claims (including, but not limited to, those relating to performance or reputation); claims
for discrimination, harassment, and/or retaliation (including, but not limited to, race, religious creed (which
includes religious dress and grooming practices), color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex (which includes pregnancy, childbirth,
breastfeeding, and related medical conditions), gender, gender identity, gender expression, age, sexual
orientation, military or veteran status, or any other consideration made unlawful by federal, state or local laws,
ordinances, or regulations); claims for violation of any leaves of absence or accommodations laws; claims for
wrongful termination or whistleblowing; claims for benefits (except where an employee benefit or pension plan
specifies that its claims procedure shall culminate in an arbitration procedure different from this one); claims for
violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; claims
for invasion of privacy; and claims for violation of any public policy, federal, state, or other governmental law,
statute, regulation, or ordinance.